2017 Mississippi Code
Title 93 - Domestic Relations
Chapter 31 - Supporting and Strengthening Families Act
§ 93-31-5. Statutory form of power of attorney to delegate parental or legal authority

Universal Citation: MS Code § 93-31-5 (2017)
  • (1) The following statutory form of power of attorney to delegate parental or legal authority as authorized by Section 93-31-3 is legally sufficient:

    Statutory Form for Power of Attorney to

    Delegate Parental or Legal

    Custodian Powers

    • 1. "I certify that I am the parent or legal custodian of:

      ____ ____

      (Full name of minor child) (Date of birth)

      ____ ____

      (Full name of minor child) (Date of birth)

      ____ ____

      (Full name of minor child) (Date of birth)

      who is/are minor children.

    • 2. I designate____

      (Full name of attorney-in-fact)

      ____

      (Street address, city, state and zip code of attorney-in-fact)

      ____

      (Home phone, work phone and cell phone of attorney-in-fact)

      as the attorney-in-fact of each minor child named above.

    • 3. [Complete either Section 3(a) or 3(b)].
      • (a) I delegate to the attorney-in-fact all of my power and authority

        regarding the care, custody and property of each minor child named above,

        including, but not limited to, the right to enroll the child in school,

        inspect and obtain copies of education records and other records concerning

        the child, the right to attend school activities and other functions

        concerning the child, and the right to give or withhold any consent or waiver

        with respect to school activities, medical and dental treatment, and any other

        activity, function or treatment that may concern the child. This delegation

        shall not include the power or authority to consent to marriage or adoption of

        the child, the performance or inducement of an abortion on or for the child,

        or the termination of parental rights to the child.

        OR

      • (b) I delegate to the attorney-in-fact the following specific powers

        and responsibilities (write in):

        ____

        [If Section 3(b) is completed, Section 3(a) does not apply.]

        This delegation shall not include the power or authority to consent

        to: marriage or adoption of the child, performing or inducing an abortion on

        or for the child, or the termination of parental rights to the child.

        [Complete either 4(a) or 4(b)]

    • 4. (a) This power of attorney is effective for a period not to exceed

      one (1) year, beginning, ____, 20____, and ending ____, 20____. I reserve

      the right to revoke this authority at any time.

      OR

      [Complete either 4(a) or 4(b)]

      • (b) I am a serving parent as defined in Section 93-31-3, Mississippi

        Code of 1972. My active-duty service is scheduled to begin on ____, 20____,

        and is estimated to end on ____, 20____. I reserve the right to revoke this

        authority at any time. I acknowledge that in no event may this delegation of

        power last more than one (1) year or the term of my active duty plus thirty

  • (30) days, whichever is longer.

    By:____

    (Parent/Legal Custodian signature)

    • 5. I hereby accept my designation as attorney-in-fact for the minor

      child/children specified in this power of attorney.

      ____

      (Attorney-in-fact signature)

      State of ____

      County of ____

      ACKNOWLEDGEMENT

      Before me, the undersigned, a Notary Public, in and for said county and

      state on this ____ day of ____, 20____, personally appeared ____

      (Name of Parent/Legal Custodian) and ____ (Name of Attorney-in-fact),

      known to me to be the persons who executed this instrument and who

      acknowledged to me that each executed the same as his or her free and

      voluntary act and deed for the uses and purposes set forth in the instrument.

      Witness my hand and official seal the day and year above written.

      ____

      (Signature of notarial officer)

      (Seal, if any)

      ____

      (Title and Rank)

      My commission expires:____"

      • (2) A power of attorney that substantially conforms to the form set forth

        in this section is legally sufficient if the form is properly completed and

        acknowledged.

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